Statute Law (Miscellaneous Provisions) Act 1987 (Cth)
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) the insertion of the definition of “interest in land” in subsection 3 (1);
(b) the amendment of section 12;
(c) the insertion of section 12a.
by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20 (2), subsection 15 (1), subsection 15 (2) and section 40 of the first-mentioned Act.
(a) amends a provision of an Act; or
(b) repeals and re-enacts (with or without modification) a provision of an Act;
any act done or decision made under the provision has effect after the amendment, or repeal and re-enactment, as if it had been done or made under the provision as so amended or re-enacted.
amendments of acts
Omit “section 44”, substitute “this Part”.
Omit “(4) (a)”, substitute “(4) (c)”.
Omit “paragraph 42 (7) (a)”, substitute “subsection 42 (7)”.
Omit “section”, substitute “Part”.
After “particular day” insert “(whether the expression ‘come into operation’ or ‘commence’ is used)”.
Insert the following sections:
“14a. Where an amending Act inserts a definition in a provision of the Act being amended, but does not specify the position in that provision where it is to be inserted, it shall be deemed to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis.
“14b. Where:
(a) an Act makes an amendment of another Act; and
(b) the amendment is in the form of:
(i) a paragraph of a provision of the amending Act;
(ii) an item (whether or not so described) in a Schedule to the amending Act; or
(iii) a paragraph of such an item;
a separate commencement date may be given to the amendment, paragraph or item as if the paragraph or item were a self-contained provision of the amending Act.”.
Insert the following sections:
“15ac. Where:
(a) an Act has expressed an idea in a particular form of words; and
(b) a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style;
the ideas shall not be taken to be different merely because different forms of words were used.
“15ad. Where an Act includes an example of the operation of a provision:
(a) the example shall not be taken to be exhaustive; and
(b) if the example is inconsistent with the provision, the provision prevails.”.
Insert the following section:
“18b. Where an Act establishes an office of Chairperson of a body, the Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.”.
After subsection (2) insert the following subsections:
“(2a) Where an Act assented to after the commencement of this subsection provides that a person, court or body may do a particular act or thing, and the word ‘may’ is used, the act or thing may be done at the discretion of the person, court or body.
“(2b) Where an Act confers a power or function, or imposes a duty, on a body, whether incorporated or unincorporated, the exercise of the power or the performance of the function or duty is not affected merely because of a vacancy or vacancies in the membership of the body.”.
After “particular matters” insert “(however the matters are described)”.
After subsection (4) insert the following subsection:
“(4a) In any Act, ‘appoint’ includes re-appoint.”.
Insert the following section:
“33a. Where a provision of an Act (other than subsection 33 (4) of this Act) confers on a person or body (in this section called the ‘appointer’) a power to appoint a person (in this section called the ‘appointee’) to act in a particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision:
(a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;
(b) the appointer may:
(i) determine the terms and conditions of the appointment, including remuneration and allowances; and
(ii) terminate the appointment at any time;
(c) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until:
(i) the appointer otherwise directs;
(ii) the vacancy is filled; or
(iii) a period of 12 months from the day of the vacancy ends;
whichever happens first;
(d) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
(e) while the appointee is acting in the office:
(i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and
(ii) the Act applies in relation to the appointee as if the appointee were the holder of the office.”.
Insert the following section:
“34ab. Where an Act confers power on a person or body (in this section called the ‘authority’) to delegate a function or power:
(a) the delegation may be made either generally or as otherwise provided by the instrument of delegation;
(b) the powers that may be delegated do not include that power to delegate;
(c) a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority;
(d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority; and
(e) if the authority is not a person, section 34a applies as if it were.”.
Insert the following section:
“46a. (1) Where a provision (in this subsection called the ‘enabling provision’) of a law confers power to make an instrument (however described) and expressly provides that the instrument is a disallowable instrument for the purposes of this section, then, except so far as the law otherwise provides:
(a) sections 48, 49 and 50 apply in relation to the instrument as if:
(i) references to regulations were references to the instrument;
(ii) references to a regulation were references to a provision of the instrument;
(iii) references to repeal were references to revocation; and
(iv) where the enabling provision is a provision of regulations— references to an Act were references to regulations;
(b) section 49a applies in relation to the instrument as if:
(i) the instrument were regulations under an Act; and
(ii) the reference in paragraph (1) (a) to regulations included a reference to other instruments made under the enabling provision;
(c) the instrument shall not be taken to be a statutory rule within the meaning of the
Statutory Rules Publication Act 1903 ,but subsections 5 (3) to (3c) (inclusive) of that Act apply in relation to the instrument as they apply in relation to statutory rules;(d) for the purposes of the application of subsection 5 (3b) of that Act under paragraph (c) of this subsection, the reference in that subsection to the Minister specified in that subsection shall be read as a reference to a Minister administering the enabling provision;
(e) if the instrument is not an order made by or under the authority of a Minister, section 5 of the
Evidence Act 1905 applies in relation to the instrument as it applies in relation to such an order; and(f) if the enabling provision is a provision of regulations, the instrument shall be deemed to be an enactment for the purposes of the
Administrative Appeals Tribunal Act 1975.
“(2) A reference in subsection (1) to a law is a reference to an Act or to regulations.”.
Omit the paragraph, substitute the following paragraph:
“(b) shall, subject to this section, take effect from:
(i) a specified date;
(ii) a specified time on a specified date;
(iii) the date, or date and time, of commencement of a specified Act or a specified provision of an Act; or
(iv) in any other case—the date of notification; and”.
Omit “or return endorsement”.
(a) Insert “temporary performance of duties,” after “transfers,”.
(b) Insert “or selections for temporary performance of duties” after “promotions” (last occurring).
(c) Insert “or by” after “or” (first occurring).
Add at the end “, and for other purposes”.
Insert the following section:
“8a. (1) The Board has such additional functions as are conferred on it by the regulations.
“(2) The Board has power to do all things necessary or convenient to be done in connection with the performance of its additional functions and, in particular, to do such things as it is empowered under the regulations to do.”.
Insert “in the performance of its functions under section 8” after “Board” (second occurring).
Insert the following section:
“20. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.”.
Insert the following section:
“10a. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, in writing, delegate to the person occupying a specified office in the Department of Foreign Affairs and Trade all or any of the Secretary’s powers under subsection 10 (1).
“(2) A power delegated under subsection (1) shall, when exercised by the delegate, be deemed to have been exercised by the Secretary.
“(3) The delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary.
“(4) The delegation of a power under subsection (1) does not prevent the exercise of the power by the Secretary.
“(5) In this section, ‘Secretary’ means the Secretary to the Department of Foreign Affairs and Trade.”.
(a) Insert “or an external Territory” after “Territory” (first occurring).
(b) Omit “of a State” (wherever occurring).
(a) Insert “or constituted” after “established” (wherever occurring).
(b) Add at the end the following:
“and includes a branch of the Australian Public Service, or a class of such branches, prescribed for the purposes of this definition;”.
Insert the following section:
“11a. (1) The Auditor-General shall, as soon as practicable after each 30 June, prepare a report on the operations of the Auditor-General’s Office during the year ending on that day.
“(2) Where the Auditor-General prepares a report under subsection (1) in respect of a year, the Auditor-General:
(a) may include in the report a report by the Auditor-General under subsection 48g (1) in respect of the year; and
(b) shall sign copies of the report and transmit them to each House of the Parliament.”.
Repeal the sections, substitute the following sections:
“32. (1) The Minister may, subject to this section, make payments from the Commonwealth Public Account in accordance with an appropriation of the Consolidated Revenue Fund or Loan Fund.
“(2) The aggregate of the amounts paid under subsection (1) in relation to an appropriation shall not exceed the amount available for expenditure in accordance with the appropriation.
“(3) Where it appears to the Minister that an amount, not exceeding the amount available for expenditure in respect of any services or purposes in accordance with an appropriation of the Consolidated Revenue Fund or Loan Fund, is required, or likely to be required, to be drawn from the Commonwealth Public Account for expenditure in respect of the services or purposes, the Minister may, in writing, authorise the Secretary to the Department to draw the amount from the Commonwealth Public Account in respect of the services or purposes.
“(4) A reference in this section to an appropriation includes a reference to a contingent or conditional appropriation and, in relation to such an appropriation, a reference in this section to the amount available for expenditure in accordance with the appropriation is a reference to the amount that is, subject to the occurrence of the contingency or the fulfilment of the condition, available for expenditure in accordance with the appropriation.
“(5) This section does not authorise the payment of money out of a bank account comprised in the Commonwealth Public Account otherwise than in accordance with section 34.
“33. (1) Where the Minister has, under subsection 32 (3), authorised the Secretary to the Department to draw an amount from the Commonwealth Public Account in respect of any services or purposes, the Secretary to the Department may draw the amount from the Commonwealth Public Account and make allocations from the amount in respect of the services or purposes.
“(2) Money or a payment that is, under section 36c or 58a, taken in reduction of expenditure from an appropriation to which an authorisation under subsection 32 (3) relates shall, for the purposes of subsection (1) of this section, also be taken to be an amount allocated to the authority of the authorisation.
“(3) Where a payment is made out of a bank account comprised in the Commonwealth Public Account, the bank is not required to ascertain whether the payment was made on the authority of an authorisation under subsection 32 (3).”.
(a) Insert “, in writing,” after “appointed”.
(b) Omit “certified”, substitute “indicated, in a manner approved in writing by the Minister,”.
Omit “give a certificate under subsection (2) in relation to the payment of an amount”, substitute “indicate under paragraph (2) (b) that the payment of an amount may properly be made”.
Omit “give a certificate under subsection (2)”, substitute “indicate under paragraph (2) (b) that the payment of an amount may properly be made”.
Omit “give a certificate under subsection (2)”, substitute “indicate under paragraph (2) (b) that the payment of an amount may properly be made”.
Omit the subsection, substitute the following subsections:
“(2) The Department referred to in subsection (1) shall, as soon as practicable after each 30 June, prepare and submit to the Minister administering that Department (in subsections (2a) and (2b) called the ‘appropriate Minister’) a report of those operations during the year ending on that day, together with financial statements in respect of the year in such form as the Minister administering this section approves, in writing.
“(2a) Before submitting the financial statements to the appropriate Minister, that Department shall submit them to the Auditor-General, who shall report to the appropriate Minister:
(a) whether, in the opinion of the Auditor-General, the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and, in the opinion of the Auditor-General, show fairly the financial transactions and state of affairs of those operations; and
(c) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the appropriate Minister.
“(2b) The appropriate Minister shall cause a copy of the report and financial statements, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the appropriate Minister.”.
Omit the subsection, substitute the following subsection:
“(3) An arrangement made by the Auditor-General with an eligible incorporated company may be varied or revoked by the Auditor-General or the company:
(a) in the case of an arrangement made at the request of a Minister— with the approval of a Minister; or
(b) in the case of an arrangement made at the request of the Parliament—with the approval of the Parliament given by resolution of both Houses of the Parliament.”.
Insert “11a or” after “section”.
Repeal the section.
Omit “Form 4 in Schedule 2”, substitute “the form in the Schedule”.
Omit “outlays and receipts of the Commonwealth for”, substitute “receipts and expenditure of the Commonwealth Public Account during”.
Omit “Form 4 in Schedule 2”, substitute “the form in the Schedule”.
Omit the paragraph, substitute the following paragraph:
“(b) setting out particulars of cases in which, in the opinion of the Auditor-General, the provisions of the Constitution or any law of the Commonwealth have not been carried out, being cases that are, in the opinion of the Auditor-General, of sufficient importance to justify particulars of the cases being set out in the report; and”.
Insert “11a or” after “section”.
Omit the subsection.
Insert “or an external Territory” after “Territory”.
Insert the following subsection:
“(2a) Nothing in paragraph (2) (c) shall be taken to require the Auditor-General to mention in the report cases in which, in the opinion of the Auditor-General, the receipt, expenditure or investment of moneys, or the acquisition or disposal of assets, by the authority during the year were not in accordance with the enactment establishing the authority unless those cases are, in the opinion of the Auditor-General, of sufficient importance to justify doing so.”.
Insert the following subsection:
“(2a) Nothing in paragraph (2) (c) shall be taken to require the Auditor-General to mention in the report cases in which, in the opinion of the Auditor-General, the receipt, expenditure or investment of moneys, or the acquisition or disposal of assets, by the authority during the year were not in accordance with the enactment establishing the authority unless those cases are, in the opinion of the Auditor-General, of sufficient importance to justify doing so.”.
Insert the following paragraph:
“(aa) of the audit of all or any of the financial statements of a body:
(i) where a Minister requests the Auditor-General to carry out the audit and arranges with the body for the financial statements, and any necessary accounts and records, to be made available for the purpose; or
(ii) in accordance with an arrangement made under subsection (2);”.
(a) Insert “or the inspection and audit” after “an inspection and audit”.
(b) Insert “or inspections and audits, as the case may be,” after “the inspection and audit”.
Insert “the audit of financial statements of the body or” after “of” (second occurring).
Insert the following subsection:
“(2a) Where, under subsection (1), the Auditor-General audits financial statements of a body, or inspects and audits accounts and records of a body, at the request of a Minister or pursuant to an arrangement entered into with the body at the request of a Minister, the Auditor-General shall report to the Minister on the audit or inspection and audit, as the case may be.”.
Omit “(1) (a) (i)”, substitute “(1) (aa) (i) or (a) (i)”.
Omit “Imprisonment for 7 years”, substitute “$20,000 or imprisonment for 7 years, or both”.
Omit “Imprisonment for 2 years”, substitute “$5,000 or imprisonment for 2 years, or both”.
Omit all the words after “indictable”, substitute “offence punishable, on conviction, by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both”.
Omit all the words after “offence”, substitute “punishable, on conviction, by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both”.
Omit “$200”, substitute “$1,000”.
Omit all the words after “indictable”, substitute “offence punishable, on conviction, by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both”.
Omit “Permanent Head of”, substitute “Secretary to”.
Omit “Permanent Head of”, substitute “Secretary to”.
Omit “Productivity”, substitute “Defence”.
Insert “and any other regulations made for the purposes of this section” after “under subsection (12)”.
Insert the following subsection:
“(5a) The delegate is, in the exercise of a power delegated under subsection (4), subject to the directions of the Secretary to the Department of Finance.”.
Omit the heading.
Omit the heading, substitute “SCHEDULE”.
Omit the Forms.
Omit “FORM 4”.
Insert the following sections:
“24a. The Foundation shall cause to be kept proper accounts and records of the transactions and affairs of the Foundation, and shall do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over
the assets of, or in the custody of, the Foundation and over the incurring of liabilities by the Foundation.
“24b. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Foundation and records relating to assets of, or in the custody of, the Foundation, and shall forthwith draw the Minister’s attention to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify doing so.
“(2) The Auditor-General may dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1).
“(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1).
“(4) An authorised auditor is entitled, at all reasonable times, to full and free access to all accounts and records of the Foundation, being accounts and records relating directly or indirectly to the receipt or payment of money by the Foundation or to the acquisition, receipt, custody or disposal of assets by the Foundation.
“(5) An authorised auditor may make copies of, or take extracts from, any accounts and records referred to in subsection (4).
“(6) An authorised auditor may require any person to furnish such information in the possession of the person, or to which the person has access, as the authorised auditor considers necessary for the purposes of the functions of the Auditor-General under this Act.
“(7) A person who contravenes a requirement made under subsection (6) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
“(8) In this section, ‘authorised auditor’ means:
(a) the Auditor-General; or
(b) a person authorised, in writing, by the Auditor-General.”.
Insert “, in the opinion of the Auditor-General,” after “whether”.
Insert “, in the opinion of the Auditor-General,” after “whether”.
Omit “in respect of the trading activities of the Corporation (if any)”, substitute “in the opinion of the Auditor-General”.
Insert “, in the opinion of the Auditor-General,” after “whether”.
Omit the definition, substitute the following definition:
“ ‘Chairperson’ means the Chairperson of the Council holding office under subsection 19 (2);”.
Add at the end the following subsection:
“(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.”.
Omit the subsection.
Omit “the
Omit “the
Omit “him” (wherever occurring), substitute “the Statistician”.
Omit “he”, substitute “the Minister”.
Insert “or her” after “his”.
Omit “he”, substitute “the person”.
Insert “or her” after “his”.
Omit “he”, substitute “the Statistician”.
Omit “— 1974”.
Repeal the section, substitute the following section:
“11. The Statistician may resign his or her office by writing signed by the Statistician and delivered to the Governor-General.”.
Insert “or her” after “his”.
(a) Insert “or her” after “his” (wherever occurring).
(b) Omit “him”, substitute “the Statistician”.
Omit “him”, substitute “the Statistician”.
Repeal the section.
Insert “or her” after “his”.
Omit “he”, substitute “the person”.
Omit “his”, substitute “the”.
Omit “
Omit the subsection, substitute the following subsections:
“(2) Subject to subsection (2a), the Statistician may engage persons, including persons referred to in subsection (1), to assist in carrying out the functions of the Bureau.
“(2a) Persons referred to in subsection (1) may be engaged under subsection (2) only in relation to:
(a) the taking of the Census mentioned in the
Census and Statistics Act 1905 ; and(b) the collection of other statistics and related information.”.
Omit “— 1974”.
Omit “a Chairman”, substitute “the Chairperson”.
Omit “Chairman” (wherever occurring), substitute “Chairperson”.
Insert “or her” after “his”.
(a) Insert “or the Chief Minister of the Northern Territory” after “State” (first occurring).
(b) Insert “or the Chief Minister of the Northern Territory, as the case may be” after “State” (last occurring).
Omit the subsection, substitute the following subsection:
“(1) A member may resign his or her office by writing signed by the member and delivered to the Minister.”.
Omit “he”, substitute “the member”.
Omit “
Insert “calendar” after “every”.
Omit “Chairman”, substitute “Chairperson”.
(a) Omit “Chairman”, substitute “Chairperson”.
(b) Omit “he”, substitute “the Chairperson”.
Omit “Chairman”, substitute “Chairperson”.
Omit the subsection.
Repeal the section.
Omit the subsection.
Omit the definition.
Omit the definition.
Omit the definition.
Omit the subsection, substitute the following subsection:
“(3) One member shall be a person appointed by the Governor-General and shall, subject to this Act, hold office for such period, not exceeding 3 years, as the Governor-General specifies at the time of the appointment.”.
Omit all the words after “re-appointment”.
Omit “or election”.
Omit the subsections.
Omit the subsection.
Omit “elected member”, substitute “member referred to in subsection 6 (3)”.
(a) Omit “elected member” (first occurring), substitute “member referred to in subsection 6 (3)”.
(b) Omit “the elected” (last occurring), substitute “that”.
Insert the following sections in Part VIII:
“38a. The Centre shall cause to be kept proper accounts and records of the transactions and affairs of the Centre, and shall do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Centre and over the incurring of liabilities by the Centre.
“38b. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Centre and records relating to assets of, or in the custody of, the Centre, and shall forthwith draw the Minister’s attention to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify doing so.
“(2) The Auditor-General may dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1).
“(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1).
“(4) An authorised auditor is entitled, at all reasonable times, to full and free access to all accounts and records of the Centre, being accounts and records relating directly or indirectly to the receipt or payment of money by the Centre or to the acquisition, receipt, custody or disposal of assets by the Centre.
“(5) An authorised auditor may make copies of, or take extracts from, any accounts and records referred to in subsection (4).
“(6) An authorised auditor may require any person to furnish such information in the possession of the person, or to which the person has access, as the authorised auditor considers necessary for the purposes of the functions of the Auditor-General under this Act.
“(7) A person who contravenes a requirement made under subsection (6) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
“(8) In this section, ‘authorised auditor’ means:
(a) the Auditor-General; or
(b) a person authorised, in writing, by the Auditor-General.”.
Omit “within the meaning of the
Add at the end the following definition:
“ ‘visa’ has the same meaning as in
the
Insert “a visa that is in a class of visas prescribed for the purposes of this sub-subparagraph or” before “a return endorsement”.
Insert “a visa referred to in sub-subparagraph (a) or” after “equivalent of.
(a) Omit “section 12 of that Act”, substitute “section 12 of the
Australian Institute of Sport (Consequential Provisions) Act 1986 ”. (b) Omit “
Australian Institute of Sport Act 1986” (last occurring), substitute “Australian Institute of Sport (Consequential Provisions) Act 1986 ”.
Omit “
Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Omit “his office by writing signed by him”, substitute “from office by writing signed by the Director-General”.
(a) Omit “absents himself, substitute “is absent”.
(b) Insert “or her” after “his” (wherever occurring).
Insert “or her” after “his”.
(a) Omit “he resigns his”, substitute “the person resigns the”.
(b) Omit “him”, substitute “the person”.
Insert “or she” after “he”.
Insert “or her” after “his” (wherever occurring).
Insert “or she” after “he”.
(a) Insert “or she” after “he” (wherever occurring).
(b) Insert “or her” after “him” (wherever occurring).
Omit “him”, substitute “the officer”.
(a) Omit “his knowledge or into his possession”, substitute “the knowledge or into the possession of the person”.
(b) Insert “or her” after “his” (third and fourth occurring).
(c) Omit “his duties”, substitute “the duties of the officer or employee”.
(d) Omit “him”, substitute “the officer”.
(e) Omit “he”, substitute “the first-mentioned person”.
(a) Insert “or an officer authorised for the purpose by the Director-General” after “Director-General” (first occurring).
(b) Omit “by himself or by an officer authorized by him,”.
Insert “or her” after “him”.
Omit “him”, substitute “the Director-General”.
Insert “or her” after “his”.
Omit “he”, substitute “the Minister”.
Insert “or her” after “his”.
Omit “he”, substitute “the Minister”.
Insert “or her” after “his”.
Insert “or her” after “his”.
(a) Omit “he”, substitute “the Minister”.
(b) Omit “him”, substitute “the Minister”.
Insert “or her” after “his”.
Omit “he” (wherever occurring), substitute “the Director-General”.
Omit “he”, substitute “the Director-General”.
Omit “he”, substitute “the Director-General”.
Omit “he”, substitute “the Minister”.
(a) Omit “him”, substitute “the Minister”.
(b) Omit “his”, substitute “the Minister’s”.
Omit “him” (wherever occurring), substitute “the Director-General”.
(a) Insert “or her” after “him”.
(b) Insert “or her” after “his”.
(a) Insert “or her” after “his”.
(b) Omit “he”, substitute “the Attorney-General”.
Insert “or she” after “he”.
Omit “him personally or by sending it to him by registered post at his”, substitute “him or her personally or by sending it to the person by registered post at his or her”.
Insert “or she” after “he”.
Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or her” after “his”.
Insert “or she” after “he”.
(a) Omit “he” (first occurring), substitute “the person”.
(b) Insert “or she” after “he” (second occurring).
Insert “or her” after “his” (wherever occurring).
Insert “or her” after “his”.
Omit “his”, substitute “the member’s”.
(a) Insert “or her” after “his” (wherever occurring).
(b) Omit “him”, substitute “the member”.
Omit “his office by writing signed by him”, substitute “the office of member by writing signed by the member”.
(a) Omit “him”, substitute “the President”.
(b) Omit “his”, substitute “the President’s”.
(a) Insert “or her” after “him” (wherever occurring).
(b) Insert “or her” after “his”.
Omit “him”, substitute “the Director-General”.
Omit “him” (wherever occurring), substitute “the member”.
Insert “or she” after “he”.
Insert “or her” after “his”.
Omit “him”, substitute “the Attorney-General”.
Insert “or her” after “his”.
Omit “he”, substitute “the President”.
(a) Insert “or she” after “he”.
(b) Insert “or her” after “him”.
Insert “or she” after “he”.
(a) Omit “he is”.
(b) Omit “him”, substitute “the Minister”.
Omit “he”, substitute “the Minister”.
Insert “or her” after “him”.
(a) Omit “he”, substitute “the person”.
(b) Insert “or her” after “him”.
Insert “or she” after “he”.
Omit “him”, substitute “the President”.
Omit “he is”.
Insert “or her” after “his” (wherever occurring).
Omit “himself”.
(a) Insert “or she” after “he” (wherever occurring).
(b) Insert “or her” after “him”.
Omit “his”, substitute “the member’s”.
Omit “he”, substitute “the Governor-General”.
Omit “by reason of his office”, substitute “or her by reason of his or her office”.
(a) Omit “he” (wherever occurring), substitute “the person”.
(b) Insert “or her” after “his”.
(c) Insert “or her” after “him”.
Omit “he” (wherever occurring), substitute “the Director-General”.
Insert “or she” after “he”.
Insert “or her” after “him” (wherever occurring).
Insert “or her” after “his”.
Omit “6”, substitute “12”.
Omit the subsection, substitute the following subsection:
“(4) Where the Chairman is not present at a meeting of the Commission, the Deputy Chairman shall preside, or, if the Deputy Chairman is not present, the members present shall elect one of their number to preside.”.
Omit all the words after “Commission,”, substitute “a quorum is constituted by the number of members that is not less than one-third of the number of members for the time being holding office”.
Insert the following subsection:
“(1a) Nothing in subsection (1) prevents the appointment of the Managing Director as Chairperson.”.
Omit “39 (1)”, substitute “39 (1a)”.
Omit the definition.
Omit “an Australian”, substitute “a”.
Omit “an Australian”, substitute “a”.
Omit “Australian Wheatgrowers’ Federation”, substitute “Grains Council of Australia”.
Insert the following definition:
“‘prescribed refiner’ means a person who operates a refinery;”.
Omit the subsection, substitute the following subsection:
“(3) For the purposes of this Act, prescribed oil transported to a refinery for refining shall be taken to have been transported on behalf of a person if, and only if, the oil was owned by the person immediately after its delivery to the refinery.”.
Insert the following paragraph:
“(aa) prescribed refiners who, during the month immediately preceding the relevant month, exported prescribed oil;”.
Insert the following subsection:
“(1a) The amount payable to a prescribed refiner at the end of a particular month under paragraph 6 (2) (aa) is an amount calculated at the relevant rate for that month of the prescribed oil exported by the prescribed refiner by virtue of which the prescribed refiner is entitled to payment under that paragraph at the end of that month.”.
Omit “rate of”.
Insert “(aa),” after “6 (2) (a),”.
Omit “7”, substitute “8”.
Omit “, for the period of 3 years commencing on 1 January 1985,”.
Insert “and 98 (1)” after “(3)”.
Omit “bank” (second occurring), substitute “financial institution”.
(a) Omit “bank” (second and third occurring), substitute “financial institution”.
(b) Omit “first-mentioned”.
Omit “if”, substitute “it”.
Add at the end the following subsection:
“(10) In this section:
‘court of competent jurisdiction’, in relation to an application for an order of a kind referred to in subsection (8) in relation to a replacement cheque, includes an inferior court of a State or Territory that has jurisdiction for the recovery of debts up to an amount not less than the sum (if any) that is, or it is claimed should be, ordered to be paid by the replacement cheque;
‘inferior court’ means:
(a) a County Court, District Court or Local Court; or
(b) a court of summary jurisdiction exercising civil jurisdiction.”.
After the modifications of subsection 6 (2), insert the following:
Omit ‘and 98 (1)’.”.
After the modification of section 95, insert the following:
Insert ‘first-mentioned’ before ‘bank’ (last occurring).”.
Add at the end the following subsection:
“(3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act.”.
Omit “Commission”, substitute “Commissioner”.
Add at the end the following subsection:
“(3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State.”.
Add at the end the following subsection:
“(2) A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division.”.
Insert the following definition:
“ ‘parole’ includes probation;”.
Omit the definition, substitute the following definition:
“ ‘parole officer’ means:
(a) an officer of a State or the Northern Territory in respect of whom an arrangement in force under paragraph 21 (1) (b) applies; or
(b) an officer of the Australian Public Service in respect of whom an appointment under subsection 21 (2) is in force;”.
(a) Insert “or the Northern Territory” after “a State”.
(b) Insert “(other than the Northern Territory)” after “a Territory”.
Omit “section 21”, substitute “in section 21 or 23”.
Omit “only one offence and is not already serving a term of imprisonment for another offence”, substitute “an offence or offences”.
Insert the following subsection:
“(4a) Nothing in subsection (1), (3) or (4) shall be taken to authorise a court to fix a single minimum term of imprisonment in respect of an offence or offences against the laws of the Commonwealth and another offence or other offences.”.
Omit “the next succeeding subsection”, substitute “subsections (3) and (3a)”.
Insert the following subsection:
“(3a) Where a person to whom this section applies has been sentenced to a term of imprisonment in a State or Territory (in this subsection called the ‘relevant State or Territory’) other than the State or Territory in which the person was imprisoned immediately before being released from prison pursuant to the parole order, a prescribed authority in the relevant State or Territory shall, if there is produced to the prescribed authority a document signed by the Attorney-General so requesting, issue a warrant:
(a) authorising any constable to convey the person to such prison in the relevant State or Territory as is specified in the warrant; and
(b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison in the relevant State or Territory to undergo imprisonment for the part of the term of imprisonment to which the parole order related that the person has not served.”.
Omit “the last preceding subsection”, substitute “subsection (3) or (3a)”.
(a) Insert “or the Administrator of the Northern Territory” after “State” (first occurring).
(b) Insert “or Territory” after “that State” (wherever occurring).
Omit “Public Service of the Commonwealth and officers of a Territory”, substitute “Australian Public Service”.
Insert the following definition:
“ ‘minor complaint’ means a complaint:
(a) concerning action taken by a member, being action that is or involves discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves:
(c) serious ill-treatment of a person by a member; or
(d) an assault on a person by a member;”.
Insert the following paragraphs:
“(ba) a reference to cautioning a member for a breach of discipline shall be construed as a reference to cautioning a member for a breach of discipline in accordance with regulations made under the
Australian Federal Police Act 1979 ;(bb) a reference to a member being offered or accepting a caution shall be construed as a reference to a member being offered or accepting, as the case may be, a caution in accordance with regulations made under the
Australian Federal Police Act 1979 ;”.
(a) Insert “or complains to the Ombudsman concerning action taken by a member,” after “or by another member,”.
(b) Omit “whether”.
Insert “whether” before “the complaint”.
Omit “A notice”, substitute “Subject to subsection (5a), a notice”.
Insert the following subsection:
“(5a) A notice under subsection (3) to an officer who has, under subsection (3a), consented to the giving of the notice shall state that the notice will take effect on a specified day, being a day not earlier than the day on which the notice is given to the officer.”.
Omit “subsection (11)”, substitute “paragraph (6) (b)”.
Insert “(other than an officer who has, under subsection 76l (3a), consented to the giving of the notice)” after “given”.
Omit “
Omit the paragraph.
(a) Insert “(otherwise than for the purposes of the
Superannuation Act 1976 )” after “deemed” (second occurring).(b) Insert “on and from that day” after “appointed to the Service”.
Insert the following subsection:
“(4) For the purposes of the
(a) Omit “installation or persons”, substitute “, installation or person”.
(b) Omit “such vessel installation and persons”, substitute “the vessel, installation or person, as the case may be,”.
Add at the end the following definition:
“ ‘oversea vessel’ includes a vessel that voyages or plys to or from a place in Australia that is in the Protected Zone.”.
Add at the end “and, in section 5b, includes a member of the police force of a State or Territory”.
Add at the end “and, in section 5b, includes:
(a) a Chief, Police, Stipendiary, Resident or Special Magistrate of a State or Territory (other than the Australian Capital Territory or Jervis Bay Territory); or
(b) any other Magistrate of a State or Territory (other than the Australian Capital Territory or Jervis Bay Territory) in respect of whose office an annual salary is payable”.
Insert the following section:
“5b. (1) A constable may, without warrant, apprehend a person whom
the constable, with reasonable cause, suspects is a prisoner unlawfully at large.
“(2) The constable shall forthwith take the person before a magistrate.
“(3) If the magistrate is satisfied that the person is a prisoner unlawfully at large, the magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified in the warrant; and
(b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison to undergo the term of imprisonment or other detention that the person is required by law to undergo.
“(4) In this section, ‘prisoner unlawfully at large’ means a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody for an offence against a law as in force in the Territory.”.
Insert the following sections:
“7a. A person who commits an offence against subsection 7 (2) by escaping shall, upon being returned to lawful custody, undergo, in addition to any punishment imposed for that offence, the punishment that the person would have undergone if the person had not escaped.
“7b. (1) A constable may, without warrant, apprehend a person whom the constable, with reasonable cause, suspects is a prisoner unlawfully at large.
“(2) The constable shall forthwith take the person before a Magistrate.
“(3) If the Magistrate is satisfied that the person is a prisoner unlawfully at large, the Magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified in the warrant; and
(b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison to undergo the term of imprisonment or other detention that the person is required by law to undergo.
“(4) In this section, ‘prisoner unlawfully at large’ means a person who is at large (otherwise than by reason of having escaped from lawful custody) at a time when the person is required by law to be in custody pursuant to this Act or a warrant issued pursuant to this Act.”.
Omit “and 30”, substitute “, 30 and 58”.
Insert “, in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day),” after “the ship is”.
Omit the definition.
Omit “entitled to be registered”.
Omit “entitled to be registered”.
(a) Omit “or fails to comply with”.
(b) Omit “64 (2), 65 (5) or 66 (1) or”, substitute “65 (5) or 66”.
Insert the following subsection:
“(1a) A person who contravenes subsection 64 (2) or 66 (1) is, in respect of each day on which the person contravenes the subsection (including the day of a conviction for an offence against this subsection or any subsequent day), guilty of an offence.”.
Insert “, or arising out of a contravention of,” after “against”.
Omit the subsection, substitute the following subsections:
“(4) An offence against subsection 12 (3) is punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding $1,000; or
(b) if the offender is a body corporate—by a fine not exceeding $2,000.
“(4a) An offence against section 25, 32 or 33 or subsection 73 (1) is an indictable offence and, subject to subsection 75 (3), is punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate—by a fine not exceeding $20,000.
“(4b) An offence against subsection 64 (2) or 66 (1) is punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding $500; or
(b) if the offender is a body corporate—by a fine not exceeding $1,000.”.
Omit “74 (4)”, substitute “74 (4a)”.
Omit the paragraph, substitute the following paragraph:
“(a) if the offender is a natural person—a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or”.
Omit “service”, substitute “services”.
Omit “
Omit the subsection, substitute the following subsection:
“(23) The amendment of subsection 47a (1) of the
Omit “three”, substitute “3”.
Add at the end the following subsection:
“(2) For the purposes of paragraph (1) (b), a person to whom a grant of Education Assistance has been approved under Part III shall be deemed to be receiving or to be entitled to receive, as the case requires, benefit payable under student assistance notwithstanding that a determination under section 32 directs that that benefit be paid to another person.”.
Insert “, in writing” after “determines”.
(a) Omit “years” (first occurring).
(b) Omit “8” (first occurring), substitute “8,”.
Omit “(5) (b)”, substitute “(5) (c)”.
Insert the following section:
“66a. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, adopted at Vienna, Austria, on 10 April 1980, prevail over the provisions of this Division to the extent of any inconsistency.”.
Omit “Australian Wheatgrowers’ Federation”, substitute “Grains Council of Australia or, if another organisation is prescribed for the purposes of this subsection, the other organisation”.
(a) Omit “a” (first occurring), substitute “A”.
(b) Omit “subject”, substitute “Subject”.
Omit “$1,000”, substitute “$1,000 or imprisonment for 6 months, or both”.
Omit “Penalty: $500.”, substitute the following:
“Penalty:
(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate—$5,000.”.
Omit the subsections, substitute the following subsection:
“(2) A person is not excused from furnishing a return or information that the person is required under this Act or the regulations to furnish on the ground that the return or information might tend to incriminate the person, but any such return or information that is furnished, and any information or thing (including any document) obtained as a direct or indirect consequence of the furnishing of the return or information, is not admissible in evidence against the person in:
(a) criminal proceedings other than proceedings for an offence against subsection (1) or (5); or
(b) proceedings for the recovery of a penalty payable under section 5.”.
Omit “Penalty: $500.”, substitute the following:
“Penalty:
(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate—$5,000.”.
Omit the subsection, substitute the following subsection:
“(6) A prosecution for an offence against subsection (1) or (5) may be commenced at any time within 3 years after the commission of the offence.”.
REPEAL OF ACTS
1. On the day on which sections 32 and 33 of the
Audit Act 1901 are repealed and re-enacted by this Act, the heading to section 33a of the first-mentioned Act is altered by omitting “Warrant” and substituting “Authorisation” and the heading to section 33b of the first-mentioned Act is altered by omitting “Warrants” and substituting “Authorisations”.2. On the day on which this Act receives the Royal Assent:
(a) the heading to section 7 of the
Bass Strait Freight Adjustment Trust Fund Act 1984 is altered by adding at the end “and prescribed refiners”; and(b) the heading to section 8 of the
Bass Strait Freight Adjustment Trust Fund Act 1984 is altered by inserting “relevant” before “refiners”.
3. On the day on which section 11 of the
Complaints (Australian Federal Police) Act 1981 is amended by this Act, the heading to that section is altered by omitting “Charges” and substituting “Action”.4. On the day on which section 24 of the
Export Control Act 1982 is amended by this Act, the heading to that section is altered by inserting “or services” after “goods”.5. On the day on which section 6 of the
Export Inspection Charges Collection Act 1985 is amended by this Act, the heading to that section is altered by adding “in respect quantity charge” at the end.6. On the day on which sections 11a and 11b of the
Migration Act 1958 are amended by this Act, the headings to those sections are altered by omitting “and return endorsements”.7. On the day on which section 35 of the
Meat Inspection Act 1983 is amended by this Act, the heading to that section is altered by omitting “meat” and substituting “goods or services”.8. On the day on which the
National Museum of Australia Act 1980 is amended by this Act, the heading to section 9 of the first-mentioned Act is altered by omitting “owned by Museum” and substituting “in national historical collection”.9. On the day on which the
Navigation Act 1912 is amended by this Act:(a) the heading to section 113 of the first-mentioned Act is altered by omitting “forfeiture and”; and
(b) the heading to section 269j of the first-mentioned Act is altered by omitting “Arrival” and substituting “Final”.
10. On the day on which the Shipping Registration Act 1981 is amended by this Act, the headings to sections 68 and 69 of the first-mentioned Act are altered by omitting “entitled to be registered”.
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Senate on 24 September 1987
House of Representatives on 25 November 1987
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